Common Regulations under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement:Rule 13 Irregularities With Respect to the Indication of Goods and Services

Common Regulations under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement

Rule 13 Irregularities With Respect to the Indication of Goods and Services

Geldend

Documentgegevens:

Geldend vanaf 01-02-2020

Bronpublicatie:: 02-10-2018, Trb. 2021, 37 (uitgifte: 26-03-2021, kamerstukken/regelingnummer: -)
Inwerkingtreding: 01-02-2020
Bronpublicatie inwerkingtreding:: 02-10-2018, Trb. 2021, 37 (uitgifte: 26-03-2021, kamerstukken/regelingnummer: -)
Vakgebied(en): Intellectuele-eigendomsrecht / Modellen- en merkenrecht

1.

[Communication of Irregularity by the International Bureau to the Office of Origin] If the International Bureau considers that any of the goods and services is indicated in the international application by a term that is too vague for the purposes of classification or is incomprehensible or is linguistically incorrect, it shall notify the Office of origin accordingly and at the same time inform the applicant. In the same notification, the International Bureau may suggest a substitute term, or the deletion of the term.

2.

[Time Allowed to Remedy Irregularity]

a): The Office of origin may make a proposal for remedying the irregularity within three months from the date of the notification referred to in paragraph (1).
b): If no proposal acceptable to the International Bureau for remedying the irregularity is made within the period indicated in subparagraph (a), the International Bureau shall include in the international registration the term as appearing in the international application, provided that the Office of origin has specified the class in which such term should be classified; the international registration shall contain an indication to the effect that, in the opinion of the International Bureau, the specified term is too vague for the purposes of classification or is incomprehensible or is linguistically incorrect, as the case may be. Where no class has been specified by the Office of origin, the International Bureau shall delete the said term ex officio and shall notify the Office of origin accordingly and at the same time inform the applicant.